Allahabad Court March 1994 Judgments
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Urmila Vs. the State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Mar-18-1994
Reported in: 1994CriLJ2910
ORDERS.K. Verma, J.1. Opposite Parties Nos. 2,3 and 4 along with others were charged under Section 494, I.P.C. read with Sections 120B/109, I.P.C. by the Munsif Magistrate III, Bareilly and convicted on the ground that opposite party No. 2 Brij Mohan Lal Katiyar had contracted a valid marriage with opposite party No. 3 Smt. Nisha Devi while the revisionist Smt. Urmila Devi, the first wife of Brij Mohan Lal was living. Criminal Appeal No. 132 of 1991 was decided by Sessions Judge, Bareilly vide judgment dated 25-4-1992 through which the appeal was allowed and the opposite parties Nos. 2 to 4 were acquitted.2. Whereas the Magistrate had found that the so-called marriage between Smt. Nisha Devi and Brij Mohan Lal was valid, the Sessions Judge, Bareilly found that the alleged second marriage could not be proved because necessary ceremonies had not been performed. The only point to be determined in this revision is as to whether the alleged marriage of Brij Mohan Lal and Smt. Nisha Devi was...
Shri Ram Das Vs. Smt. Ram Rekha
Court: Allahabad
Decided on: Mar-16-1994
Reported in: AIR1995All66
1. This is a second appeal arising out of a suit, being suit No. 1478 of 1991 (Smt. Ram Rekha v. Ram Das) for specific performance of contract. The facts of the case are that appellant Ram Das agreed to transfer the suit land by sale in favour of plaintiff-respondent Smt. Ram Rekha for the consideration of Rs. 12000 -. An agreement of sale was executed and presented for registration before the concerned Sub-Registrar on 25-2-1982 and it was registered on 23-4-1982, the defendant-appellant bad received a sum of Rs. 500/- from the plaintiff-respondent towards sale consideration prior to execution of the sale-agreement and a further sum of Rs. 5,500/- was actually paid to him before the Sub-Registrar op the date on which the agreement was executed and presented for registration. The suit land being admittedly situate in the Urban Agglomeration of Gorakhpur, it was provided in the agreement that if the Vendor failed to execute the sale deed within a period of three months of the grant of p...
M/S. Northland Traders and Others Vs. Bank of Baroda
Court: Allahabad
Decided on: Mar-15-1994
Reported in: AIR1994All381
ORDER1. This revision by the defendants is directed against the order dated 7-2-1992, passed by VIII Additional Civil Judge, Moradabad, deciding the preliminary issue No. 1 in favour of the plaintiff and holding that the person who signed and verified the plaint was properly authorised to do so.2. Brief facts so far as relevant for the purposes of the present revision are that the plaintiff-respondent filed original suit No. 686 of 1989 in the Court of Civil Judge, Moradabad against the defendant-applicants for recovery of a sum of Rs. 7,40,553.77 paise (Rupees Seven Lacs Forty Thousand Five Hundred fifty Three and Seventy Seven Paise) along with the pendentilite and future interest. The suit is being contested by the defendant-applicants and is at present pending before the VIII Additional Civil Judge, Moradabad.--n paragraph No. 1 of the plaint, the plaintiff had stated that the plaintiff was body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertak...
Satish Chandra Gupta Vs. Aneeta and ors.
Court: Allahabad
Decided on: Mar-15-1994
Reported in: I(1995)DMC173
Virendra Saran, J.1. Heard learned Counsel for applicant. Applicant Satish Chandra Gupta has filed this revision against the order dated 20th January 1994 passed by Shri R.K. Ratoori. Judge Family Court Meerut granting maintenance to respondent Nos. 2 and 3 (Children) at the rate of Rs. 500/- per month to each of them from the date of application under Section 125 Cr. P.C. I have heard the learned Counsel for applicant at length. The learned Counsel for applicant has relied on the case of Dharmendra Kumar Gupta v. Chandra Prabha Devi, 1990(27) ACC 511. In the above case it has been held by S.R. Bhargava, J. that a bare reading of Section 125(2) Cr. P.C. goes to show that such allowance shall be payable from the date of order, if so ordered, from the date of application of maintenance. Bhargava, J. further observed that the ordinary rule is that maintenance to wife is payable from the date of order and exception to this ordinary rule is an order making maintenance payable from the date ...
Rajendra Kumar and Others Vs. Gopal Krishna and Others
Court: Allahabad
Decided on: Mar-09-1994
Reported in: AIR1995All82
ORDER1. This writ petition is directed against the order dated 10th Sept. 1992passed by the Prescribed Authority, Muzaffarnagar, releasing the disputed shop in favour of the landlord-respondents in the proceedings under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) and the order dated 6-11-1993 passed by respondent No. 1 affirming the said order in appeal.2. The petitioners are tenants of shop No. 3 at monthly rent of Rs. 50/ - in a portion of Premises No. 100 Martinganj, Muzafarnagar. Respondents Nos. I to 8 are landlords of the said premises. The property No. 100, Martinganj was jointly purchased by Kishan Chand and his three sons, namely, Gopal Krishna, Sarvesh Kumar and Alok Kumar, by registered sale deed dated 4th August, 1975. After purchase of the property in the year 1977 they filed an application purporting to be under Section 21(1)(b) of the Act for demolition and new construction of the shop...
Pati Ram and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Mar-09-1994
Reported in: 1994CriLJ3813
ORDERK. Narayan, J.1. Appellants Pati Ram, Sahab Singh and Deep Singh have been found guilty of the offences Under Section 308, 323 and 325/34 I.P.C. and sentenced to undergo R.I. for three years, 18 months and 18 months respectively. The sentences have been made concurrents. Against this order dated 6-11-1979 regarding conviction and sentences, the accused appellants have approached this Court in appeal.2. The charges related to occurrence of 10-10-1975 at about 5.30 p.m. in village Htepur P.S. Kampil. According to the prosecution story, one Smt. Jagdei was painting the court-yard with cow-dung when Deep Singh armed with Kanta, Pati Ram and Sahab Singh armed with Lathis arrived and objected to this painting. The exchange of words took place and Sahab Singh assaulted Smt. Jagdei with his cudgle and on her alarm Lekhram, Totaram, Gangadin and others also arrived. On their questioning as to why they had assaulted Smt. Jagdei, Deep Singh accused caused Farsa injuries to Lekhram who got un...
G.P. Agarwal Vs. Assistant Commissioner of Income-tax
Court: Allahabad
Decided on: Mar-08-1994
Reported in: [1994]208ITR795(All)
B.M. Lal, J. 1. This petition under Article 226 of the Constitution of India is directed against a notice dated March 2, 1993, issued by the respondent under Sections 147 and 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), in respect of income which had escaped assessment for the assessment years 1989-90 and 1990-91.2. The short facts leading to this petition are as under : The petitioner, who is sole proprietor of Messrs. G. P. Enterprises, derives income from his proprietorship concern, Messrs. G. P. Enterprises, and thus he has been assessed as an individual under the Act. 3. The petitioner has filed income-tax returns for the assessment years1989-90 and 1990-91 showing taxable income amounting to Rs. 1,74,770 for the assessment year 1989-90 and Rs. 2,02,390 for the assessment year1990-91, and claimed deduction under Section 80I of the Act to the tune of Rs. 42,848.40 for the assessment year 1989-90 and Rs. 54,547.54 for the assessment year 1990-91. 4. Howeve...
Sailesh Kumar Rusia Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Mar-07-1994
Reported in: AIR1995All237
ORDERS.H.A. Raza, J.1. The factual matrix involved in this writ petition is that in pursuance of the advertisement published in the newspapers, tenders were invited for the sale of picture halls, which were constructed by U.P. Chalchitra Nigam (hereinafter referred to as the Nigam), which it could not run and closed the same. In the advertisement, it was provided that the tender would be filled in the Form which was to be obtained from the Nigam and was to'be submitted with a draft of Rs.25,000/- as security by 11a.m. on 12-5-1993.2. It has been submitted that the petitioner after obtaining and filling up the Form went up to the office of the Nigam with a draft of Rs. 25,000/-, which was prepared on 11th May, 1993 by the Central Bank of India, Jalaun payable to Nigam along with an affidavit, which was sworn before 11 a.m. on 12-5-1993. He gave his tender which was taken by the officers of the Nigam who recieved it without raising any obejction. The tenders were opened on the same day a...
United India Insurance Co. Ltd. Vs. Peritosh Pant and ors.
Court: Allahabad
Decided on: Mar-05-1994
Reported in: 1996ACJ896
S.C. Mohapatra, J.1. This is an appeal by insurer under Section 173 of Motor Vehicles Act against an award making it liable to pay the compensation.2. On 25.11.1989 claimant, a third year Engineering student, aged about 20 years, was moving on Haldwani-Kathgodam Road when a truck bearing registration No. USR 9502 caused accident, as a result of which claimant sustained multiple injuries. Effect of the injuries is that claimant lost one year of his study to attain his degree one year late and his leg was shortened by 2 1/2'. Medical expert has been examined in this case. He has stated that disability on account of the injuries is 60 per cent. Taking into consideration these aspects of the matter and the continuance of disability in future permanently, Tribunal has awarded Rs. 4,80,000/-for future pecuniary loss, Rs. 20,000/- towards pain and suffering and Rs. 77,000/-for medical expenses although claimant demanded compensation of Rs. 10,00,000.3. On perusal of the judgment of the Tribun...
Natthu Vs. Amar Nath Agarwal and Others
Court: Allahabad
Decided on: Mar-03-1994
Reported in: AIR1995All420
ORDERB. L. Yadav, J.1. The ambit, construction and effect of fourth proviso of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972, Act 13 of 1972 (The Act for short) read with R. 16(2)(a) of the Rules framed under the Act, in granting or refusing the application for release under S. 21(1)(a) of the Act, is one of the questions that falls for determination in the present petition preferred under Article 226 of the Constitution by the tenant against whom the prescribed authority has allowed the application for release and the Appellate Court has affirmed that order. The prayer is that these impugned orders be quashed by issuing a writ of certiorari.2. Portrayal of the essential facts are these. The respondent No. 1 is the landlord of a shop 38' x 11' boundaries indicated in para 1 of the application of the respondent No. 1 situate in Mohalla Railway Ganj, Hardoi and the petitioner is tenant and runs a cycle repairing shop. As the landlord was employed in Military En...
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